Eight Years after Judgment 168-13, Durable Solutions Are Urgently Needed

Because of its importance, we partially reproduce the statement published in Listin Diario on September 23, 2021, by the Dominican@s por Derecho platform.

To the Honorable President of the Republic, Luis Abinader Corona.

"On September 23, 2013, the denationalization of thousands of Dominicans of foreign descent was ordered by the Constitutional Court, in blatant violation of our Constitution and the international human-rights system of which the country is an active part. The measure dealt a severe blow to coexistence, social cohesion, and the spirit of unity that characterizes the Dominican people. Certainly, TC 168-13 has left a deep wound in our society, tarnishing the country's image at a time when it was consolidating itself as a reference point of democracy and progress in the region.

The promoters of TC-168-13 intended to sever tens of thousands of Dominicans from State protection by erasing them from the Civil Registry where they had previously been enrolled and by preventing the issuance of identity and nationality documents to those who had not yet been able to register. This ruling set us back light-years in terms of institutionality and equity, implicitly condemning thousands of Dominicans to juridical nonexistence, aggravating poverty and leading to exclusion from citizenship.

As the product of a multiparty dialogue aimed at reaching consensus, the National Congress enacted Law 169-14, the only legal instrument that seeks to counteract the devastating effects on the country of this potential civil genocide. Far from the timely restoration of violated fundamental rights, this solution has been applied very timidly, disregarding the mandate given to the Central Electoral Board to transcribe into the Civil Registry books the records of the persons who were affected, exempting them from all administrative procedures and accrediting them as Dominican nationals.

It is urgent to honor the commitment to restore Dominican nationality to unregistered persons who applied through the procedure of Law 169-14 and who are still waiting to see their citizenship effectively recognized. It is urgent to materialize naturalization decrees 262-20 and 297-21, the latter issued by you, Mr. President. We are hopeful because of your own words:

'This is a moment for responsibility. There is no room for ambiguous positions: either one defends the dignity of persons or one stands against them (...) Unjust, uncivilized decisions are taking away the right to nationality from Dominicans with different faces. I am in political life because I want to guarantee all Dominicans equality before the law: a civilized country must not tolerate any type of discrimination.'

The health emergency has increased the levels of vulnerability and social exclusion in which denationalized Dominicans find themselves, as they cannot have access to social-assistance programs provided by the State. This is because the indispensable requirement is an identity and electoral card, a document that thousands of them have not been issued because of the slow implementation of Law 169-14.

The achievements obtained in sports, health, and education programs make it clear that when there is political will, a fair path is always found to solve the problems affecting Dominican men and women. Thus, when citizens have access to their documents, opportunities open up for the development of communities. Despite the obstacles, for every act of institutional discrimination there are brilliant medals added to the national tally, and for every act of exclusion there is also a Dominican, a child of the sugarcane fields, who through merit fills us with pride and makes us wave the flag.

The Dominican people have fought a struggle against impunity in recent years in different settings, which has driven and will continue to drive transcendental changes in the conduct of the State and national leadership. It has sent a forceful message and will continue gaining ground so that social justice reaches the humblest Dominicans, without establishing differences based on the origin of their parents or their socioeconomic origin. Neither A nor B, Dominican@s by right.

We reiterate our willingness to sit at the table, resume constructive dialogue, and move toward the realization of durable, just, and necessary solutions."

Dominican@s por Derecho Platform

https://dominicanosxderecho.wordpress.com/